Designated for publication Haynes, J. (Haynes, Engelhardt, deGravelles, by designation), § 1983, sovereign immunity, Ex parte Young Vacating judgment after bench trial in favor of plaintiff on his due process claim arising from Texas state officials’ notification of him that he would have to register as a sex offender under Texas law, and remanding with … More August 24, 2023, opinions
Designated for publication Jones, J. (Higginbotham, Jones, Oldham), Oldham, J., dissenting; habeas corpus, prosecutorial misconduct, ineffective assistance of counsel Reversing in part and affirming in part denial of § 2255 petition; reversing district court’s application of procedural bar to claim of breach of plea agreement by Assistant U.S. Attorneys, but affirming disposition of IAC claim. … More August 17, 2023, opinions
Designated for publication Jones, J. (Jones, Willett, Douglas), Douglas, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming denial of petitioner’s § 2255 petition on IAC claim arising from trial counsel’s inadequate argument and appellate counsel’s lack of argument for “back time” credit on sentence for possession of a firearm by a felon to account … More August 16, 2023, opinions
Designated for publication per curiam (Smith, Higginson, Willett), attorney discipline Affirming three-judge district court panel’s decision imposing a 12-month suspension from practice in front of that court after substance-abuse-related inappropriate courtroom behavior and failures to show up for clients’ sentencing hearings. The Court rejected the attorney’s argument that only the presiding judge can impose sanctions … More August 11-14, 2023, opinions
Designated for publication Oldham, J. (Dennis, Engelhardt, Oldham), criminal, sentencing Vacating sentence–120-month sentences on each of three counts of possession of a firearm by a felon, to run consecutively “[o]nly to the extent it produces a total aggregate of 188 months”–as impermissibly vague, and remanding for resentencing. The Court held that the district court did … More August 7, 2023, opinions
Designated for publication Dennis, J. (King, Jones, Dennis), Jones, J., dissenting, voting rights, Eighth Amendment, Equal Protection, standing, sovereign immunity, Ex parte Young Reversing district court’s dismissal of plaintiff class’s Eighth Amendment challenge to Mississippi constitution’s permanent disenfranchisement of certain felons; affirming dismissal of plaintiff class’s Equal Protection claim against the Mississippi Secretary of State … More August 4, 2023, opinions
Designated for publication per curiam (Richman, Ho, Engelhardt), Ho, J., concurring in judgment only; § 1983 Affirming dismissal of § 1983 and other claims by plaintiffs–survivors of man who committed suicide after his arrest for involvement in a scheme to take a picture of Senator’s nursing-home-bound wife for use in a campaign video. The Court … More July 27, 2023, opinions
Designated for publication Elrod, J. (King, Smith, Elrod), criminal, sex offender registration Reversing order granting request to terminate sex offender registration obligation. The Court held that “the unambiguous language of the Sex Offender Registration and Notification Act deems Nazerzadeh a tier II sex offender, and … that status demands that his registration continues.” Graves, J. … More July 11, 2023, opinions
Designated for publication Stewart, J. (Richman, Stewart, Douglas), prisoner suit Dismissing appeal of dismissal of Texas state prisoner’s suit against medical personnel, upon denying motion to proceed in forma pauperis under 28 U.S.C. § 1915(g) and upon failure to pay required filing fees. The Court held that the plaintiff has accumulated more than three strikes … More July 10, 2023, opinions
Designated for publication King, J. (King, Jones, Duncan), habeas corpus, ineffective assistance of counsel Affirming denial of habeas relief on ineffective assistance of counsel claim. Under AEDPA’s “doubly deferential review,” the Court held that the petitioner’s trial counsel’s failure to object to lay and expert testimony about the credibility of a child’s testimony was “arguably … More July 7, 2023, opinions
